Can we provide relief to Guevara by treating the motion as a writ of habeas corpus?

Nor can we provide relief to Guevara by treating the motion as a petition for a writ of habeas corpus. "[A] necessary prerequisite for issuance of the writ is the custody or restraint of the petitioner by the government." (People v. Villa (2009) 45 Cal.4th 1063, 1068.) A petitioner may be deemed to be in constructive custody where he or she is subject to restraints not shared by the public generally, or in situations where he or she may later lose liberty. (Id. at p. 1070.) "By contrast, collateral consequences of a criminal conviction even those that can later form the basis of a new criminal conviction do not of themselves constitute constructive custody." (Ibid.) Deportation is one such collateral consequence. (Id. at p. 1072.)" '[O]nce the sentence imposed for a conviction has completely expired, the collateral consequences of that conviction are not themselves sufficient to render an individual "in custody" for the purposes of a habeas attack upon it' [citation]." (Id. at p. 1071.) Thus, where a defendant has completed his sentence and probation, the fact federal authorities "chose to resurrect that old conviction and use it to form the basis of a new and collateral consequence" does not amount to

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